Can a officer handcuff my children if they are refusing to go with their other parent for visitation?

My children did not want to go with their dad for a visitation period. They tried to explain to the officer why and he gave them a 3 second option to voluntarily go. They said no and he handcuffed both of them and forced them to walk to their dad. When they got out of control he arrested them for disorderly conduct.

Asked on June 23, 2012 under Criminal Law, Wisconsin


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Given the circumstances that you have written about in your question it was entirely permissible for the law enforcement officer to have temporarily handcuffed your children for their and others' safety until the situation that you have written about calmed down.

If they were being disorderly in public, then perhaps the charge against them for what they were arrested for was justifiable. I suggest that you may wish to consult with a criminal defense attorney further about the matter you have written about.

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